Blake v. Springfield Street Railway Co.

This case is again before the court following a retrial after our decision in Blake v. Springfield St. Ry., 6 Mass. App. Ct. 553 (1978). The facts are set out in the opinion in that case. 1. The plaintiff claims that the judge erred when he charged the jury on the question of contributory negligence that “[t]he standard that an eight-year-old should be held to is not the standard that you hold an adult to, but you would hold him to the . . . standard of a typical eight-year-old child, that age is one of the circumstances to be considered in determining whether he was negligent or not.” The…